Zairon Frazier, who landed in California's foster care system because of neglect and abuse, can claim a major victory.
Assemblyman Dave Jones, D-Sacramento, read Frazier's story in February in a San Jose Mercury News series, "Broken Families, Broken Courts," and was outraged. Forced to choose between attending a court hearing about his life and taking his high school final exams, Frazier missed the hearing. His future was decided without his presence.
"No kid should have to make that choice between a hearing and a test," Jones said, and he was obviously right. Unfortunately, Frazier's experience is common. Courts across California routinely make life-changing decisions about children without ever meeting them or hearing their views. Except in Los Angeles County, having kids at hearings just is not a priority.
So Jones drafted a measure (Assembly Bill 3051) that makes it a priority. If a kid who is 10 years or older doesn't attend a hearing, the court has to make an inquiry and reschedule the hearing. The bill also provides that the child can address the court.
That bill now is law, signed by Gov. Arnold Schwarzenegger on Monday. In signing the bill, the governor expressed concern that the real issue is "lack of resources and overburdened court schedules." Well, no, it's not. Judges already schedule hearings around the schedule of everyone (lawyers, social workers, witnesses) except the children whose welfare is at stake.
Los Angeles County, where they're already making kids part of hearings, has not put any new resource demands on the state. Making kids aware of hearings is part of the job of county social workers; getting kids to hearings is part of the duty of a child's caretaker, and is reimbursed by the federal government.
What's really needed here is a cultural change, says Jones. His bill serves as a prod to make it happen.
Yes, kids who have been removed from their families because of abuse or neglect should be seen and heard when courts are making decisions about their lives.
